HomeMy Public PortalAbout98-009 (01-06-98)CITY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 98-9
A RESOLUTION OF THE CITY OF LYNWOOD EXTENDING THE TERM OF A
FRANCHISE WITH AMERICAN CABLESYSTEMS OF CALIFORNIA, INC.
PENDING COMPLETION OF NEGOTIATIONS FOR A FRANCHISE RENEWAL
' WHEREAS, American Cablesystems of California, Inc., Media One
("Franchisee") is the duly authorized holder of a franchise ("Franchise") that authorizes
the operation and maintenance of a cable television system within the City of Lynwood
("the City"); and
WHEREAS, the City's Franchise with Franchisee was granted on October
15,1981 and was due to expire on October 14, 1996; and
WHEREAS, the Lynwood City Council by Resolution #96-155 extended the
existing cable franchise agreement for six months on October 1, 1996 and again for nine
months on April 1, 1997; and
WHEREAS, the nine month extension is due to expire on January 14, 1998,
however the cable franchise renewal negotiations aze ongoing and due to be completed
before April 1998; and
WHEREAS, Section 626 of the Federal Cable Communications Policy Act of
1984 (47 U.S.C 546) (the "1984 Cable AcP'), establishes provisions conceming the
renewal of cable television franchises by franchise authorities; and
' WHEREAS, the City and the Franchisee mutually agree that they will be unable
to complete renewal negotiations by the extension date of January 14, 1998; and
WHEREAS, it is considered to be in the best interest of the City, the Franchisee,
and cable system subscribers to extend the Franchise term pending completion of the
renewal negotiations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES RESOLVE AS FOLLOWS:
Section 1. The fifteen (15) yeaz Franchise which began October 15, 1981, by
and between the City and Franchisee, as amended, is hereby further amended to extend its
term for an additional four (4) month period, such that, as extended, the Franchise will
expire on April 14, 1998. However, should the City and the Franchisee successfully
complete renewal negotiations resulting in a new franchise, approved by the City
Council, prior to the eapiration of the renewal term specified herein, the original
Franchise will expire and the new franchise will become effective on the date specified in
the new franchise agreement.
' ti n 2. Except as amended by this extension of the term, all existing terms
and conditions established by the Franchise will remain in full force and effect.
Section 3. Neither the City nor the Franchisee waive or alter any rights of
renewal of the franchise, or rights to deny renewal of the franchise that, either party may
have in law including, but not limited to, the 1984 Cable Act.
,
i 4 The City Clerk is directed to transmit a certified copy of this
resolution to Mr. Jeremy H. Stern, Vice President of Corporate and Legal Affairs,
Continental Cablevision, Inc., 550 North Continental Boulevard, Suite 250, El Segundo,
California, 90245.
Section 5. The City Clerk is directed to certify to the passage and adoption of
this resolution.
PASSED, APPROVED AND ADOPTED THIS 6th DAY OFJanuary ,
1998.
~
ARM NDO REA, MAYOR
'
'
ATTEST:
~~~~ ~ ~~~
Andrea L Hooper, City Clerk
APPROVED AS TO FORM:
~~-7 iCC~, ~~.f cr o~ ec~"
City Attorney
APPROVED AS TO CONTENT:
Fausti Gonzales
City Manager
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do heraby
certify that the foregoing resolution was passPd and'adopted by the Cit,y
Council of the City of Lynwood at a regular meeting held on the 6th day of
January, 1998.
AYES: COONCILMEMBER BYRD, REYES, RICHARDS, SANCHEZ, REA
NOES: NONE
ABSENT: NONE
lY¢Z~ p~i
City Clerk, City of Lynwoo
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned Cit~~ C1?rk of the City of Lynwood, ar.d Clerk nf
the City Council of said City, do hereby rertify that the abovP and foregning
is a full, true and correct copy of Resolution No. 98-9 on fil? in m~~ office ane'
that said resolution was adopted on the date and by the e~nte therein stat?d.
U~~ted this 6th day of January, 1998.
l:r~yte~~ /~ `
City Clerk